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J. Tanner James

J. Tanner James

James Legal, PLLC
  • Business Law, Trademarks, Intellectual Property ...
  • Trademark Trial and Appeal Board, West Virginia
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Biography

Born in a small Central Kentucky town, my family moved to West Virginia chasing the dream of self-employment. I went to college at Marshall University where I graduated cum laude, and then attended the University of Kentucky College of Law. Country roads brought me home to WV with a fresh law degree and a job at a respected regional defense firm. There I handled a wide variety of cases, including: car accidents, commercial truck accidents, wrongful death, property damage, workers' compensation, deliberate intent, asbestos litigation, insurance coverage, debt collection, and appellate work. I was able to learn from some of the best attorneys in our state, and that experience is an integral component of my practice.

But there is another part that is equally important: my motivation.

Growing up in a family business, I remember watching my parents fret over legal issues. For them the law was mysterious and overwhelming -- a complicated labyrinth with pitfalls around every corner. Over time I realized that this anxiety wasn't unique to my family; it was the norm.

So I decided many years ago that my role would be to guide clients through that labyrinth. I wanted to help people like my parents rest easy at night by showing them the law is nothing to fear. That’s why I became an attorney: not just to be an advocate, but to be a counselor.

As a solo lawyer, I will give you tailored, dedicated care. Too many people have a negative experience with attorneys -- the process feels too transactional and impersonal. We will explore your issues together and develop a plan to meet your goals together. The law can be complex, but it is not as intimidating when you have a partner. Together we will get results.

Education
University of Kentucky College of Law
J.D. (2011) | Law
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Activities: Editor - Kentucky Journal of Equine, Agriculture, and Natural Resource Law
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Marshall University
B.A. (2007) | Advertising, German
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Honors: Cum laude
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Professional Experience
Founder & Attorney
James Legal, PLLC
- Current
Founder & General Counsel
Almost Havana, LLC
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Associate Attorney
Jenkins Fenstermaker
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Litigation associate with focus on corporate defense.
Professional Associations
West Virginia State Bar  # 11687
Member
Current
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Jurisdictions Admitted to Practice
Trademark Trial and Appeal Board
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West Virginia
West Virginia State Bar
ID Number: 11687
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Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Formation, Partnership & Shareholder Disputes
    Trademarks
    Trademark Litigation, Trademark Registration
    Intellectual Property
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
Languages
  • English
Legal Answers
Q. How legally binding is a non-compete clause if a client wants to continue services after terminating your contract?
A: Firstly, judicial enforcement of non-compete agreements (often called "Covenants Not to Compete" in WV) is heavily fact-dependent, with consideration given to the reasonableness of the agreement, the legitimate interests of an employer seeking protection, the adverse impact on the employee, and public policy concerns. I would need more information to provide a competent evaluation of these factors in your case. Secondly, avoiding suit is another subject entirely. Absent some statute or other brightline rule that prohibits competitive restrictions in your industry, the enforceability of any given non-compete is difficult to predict. As a result, a non-compete provision that you consider to be unfair is likely considered by your employer to be very fair. Due to this inherent conflict, there is no guaranteed way to "avoid getting sued." It will come as no surprise that the recommended course of action is to retain a WV attorney so they may investigate all pertinent facts and give you an informed legal opinion.
Q. Do I need a consent form from a stranger to show them in a monetized YouTube video?
A: A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would have little issue with signing a release. As always, speaking in detail with an attorney in your area is the best solution.
Q. is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion
A: This application was abandoned for failure to timely file a Statement of Use or a request for extension. However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal registration. An abandoned application for federal registration says nothing about those rights. You would be best served by contacting an experienced Trademark attorney and having them perform a thorough clearance search, at minimum.
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Website
James Legal, PLLC
Contact & Map
James Legal PLLC
1620 Locust Ave
Suite 200
Fairmont, WV 26554
Telephone: (304) 504-7675
Monday: 9 AM - 4 PM
Tuesday: 9 AM - 4 PM
Wednesday: 9 AM - 4 PM
Thursday: 9 AM - 4 PM
Friday: 9 AM - 4 PM
Saturday: Closed (Today)
Sunday: Closed